Saito, Governor of Hyogo Prefecture, Refuses to Resign Amidst “Pleading” and “Kickback” Allegations, Citing Legal Grounds and Electoral Circumstances

“Over the next year, fulfilling my daily duties steadily and carefully is my way of taking responsibility.”

Governor Motohiko Saito of Hyogo Prefecture, currently facing intense criticism, reiterated his intention not to resign during an interview with various media outlets at the prefectural office on July 26, stating at the beginning as mentioned above that he will fulfill his term until the end of July next year.

A former senior staff member, who protested through their death, left behind a letter of accusation regarding seven allegations against the governor, including “pleading,” power harassment, and kickbacks from financial institutions. Moreover, audio recordings of the actual “pleading” were also sent to the media outlets.

“I haven’t had wine yet, so please, again. Last time, it was strawberries, dried sardines, salt, and so on, but, again at the right opportunity, please” (November 2022).

Mayor Shusaku Umeda of Kamigori Town, Hyogo, who heard this, said,

“I didn’t perceive it as a request, but I think the fact that the governor spoke at a public meeting is very significant.”

Mayor Umeda, who had wanted to give the local wine for some time, brought two bottles of red wine the week after being told, “at the right opportunity, please.”

Furthermore, Governor Saito acknowledges that he drank the wine at home but also admits that he hasn’t done any PR for it.

“It’s important for me to understand the appeal.”

He said at a regular press conference on the 24th. He has also received other prefectural products but has not promoted them.

 

 

If he’s not promoting them to the public, it seems like the governor is just receiving goods from within the prefecture. Wouldn’t this be a legal issue? We asked lawyer Kenta Morizane of the Morizane Law Office.

“The focus is on whether prefectural products and the like qualify as a ‘bribe.’ In a case like this, if it’s determined that the goods were received within the scope of social courtesies, it depends on the relationship with the giver and the amount, but it may be considered not to qualify as a bribe, and bribery charges might be dismissed.

Moreover, even if it is deemed a bribe, there needs to be an awareness that it is an improper payment for official duties. If the governor believes that the prefectural products fall within the scope of social courtesies or believes they are not an improper payment, then there is a possibility that bribery charges could again be dismissed.”

So what about the kickback allegations mentioned in the former director’s accusation document? The content written was as follows:

“In November last year, to cover the costs of the Hanshin and Orix victory celebration parade, the prefecture increased subsidies to the credit union and had it donate the funds as a kickback. The section chief in charge of the parade is currently on sick leave due to this series of irregularities and difficult negotiations with Osaka Prefecture.”

This former section chief took his own life a month after the accusation document was created, in April of this year.

Governor Saito denies having directed the kickback. Lawyer Kenta Morizane mentioned earlier states:

“While the governor denies it, even if there was an act of kickback, it’s hard to imagine the governor being held criminally responsible. However, if the investigation reveals misuse of subsidies, there are methods to pursue accountability such as resident audit requests or resident lawsuits.”

While the possibility of criminal responsibility is low, it’s not an exaggeration to say that the fact that two staff members around the governor chose to commit suicide in a short period is abnormal. One wonders where the boldness to confidently say “I will fulfill my duties until the end of my term” comes from.

“When the accusation documents and audio were handed to the media and reported, he honestly seemed flustered, but it’s possible that the governor has received assurances from legal associates around him that this won’t amount to a crime. Knowing this, he probably won’t resign.

Governor Yoshimura, who recommended him from the Ishin party, is also a lawyer. Governor Yoshimura has only said that the Special Investigation Committee should clarify the facts and has never said that he should resign. If, by any chance, Governor Saito were to resign, it’s highly likely that Ishin would lose in the next gubernatorial election. They need to make sure he holds out and wait for the controversy to die down,” said a reporter from a television station in Osaka.

Is the current evidence insufficient to prove the allegations? It seems Governor Saito is not only evading legal responsibility but also has no intention of taking moral responsibility either.